PRESS RELEASE – Paris, September 26, 2025
The association JURDI – Lawyers for the respect of international law – takes note of the favorable opinion issued by the CADA (opinion no. 20254125, adopted on July 17, 2025, notified recently) on access to documents relating to overflight authorizations concerning the aircraft transporting Mr. Benjamin Netanyahu.
The Commission considers these documents to be communicable, subject to strictly necessary redactions (CRPA, art. L311-5 and L311-6).
This opinion comes after the General Secretariat of the Government (SGG), attached to the Prime Minister, JURDI, by email dated June 13, 2025, objected to the non-existence of the requested documents (arbitration notes, reports, correspondence, instructions).
However, the Ministry for Europe and Foreign Affairs had publicly acknowledged the overflight authorization of February 2, 2025 in an official response published in the Official Journal of the National Assembly on May 26, 2025.
This manifest contradiction between, on the one hand, the position of the SGG denying the existence of administrative documents and, on the other hand, the government's recognition of a formal authorization – now reinforced by the favorable opinion of the CADA – seriously undermines citizens' confidence in the sincerity and consistency of republican institutions.
Furthermore, it clashes with the principles of administrative transparency and legal certainty which require the State to preserve, classify and communicate its acts and documents, except for legally justified exceptions.
In accordance with our press release of July 6, 2025, JURDI has already filed a claim with the Paris Administrative Court seeking sanctions against the refusals to disclose information and an injunction to produce the documents under penalty of a fine. The CADA opinion will be added to the ongoing proceedings and brought to the court's attention.
JURDI Requirements
- Immediate communication of the listed documents (requests, authorizations, exchanges, notes and legal positions), with strictly necessary redactions and a reasoned redaction slip; ;
- Correction of "non-existence" declarations by the SGG and bringing into compliance the practices of retention and documentary traceability within the services concerned;
- Faithful execution of the CADA opinion by the administrations concerned, failing which continuation of the litigation (injunction/penalty) until complete transparency.
JURY reaffirms that the sovereignty of the State over its airspace is accompanied by an obligation to be accountable to citizens.
Transparency regarding the overflight authorizations in question is not a favor: it is a right guaranteed by law and a sign of trust in institutions.
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